Duke  University  Libraries 

Report  of  the  S 
Conf  Pam  #471 


P.El>ORT  OF  THE  SECRETAEY  OF  WAE. 


CONFEDERATE  STATES  OF  AxMERICA, 

War  Department, 
Richmond,  August  12th,  1862. 

To  His  Excellency  JeffersoxX  Davis, 

President  of  the  Co?i federate  Sta'es. 

Sir  :  Although  it  is  not  customary  for  the  heads  of  departments  to 
malce  reports  at  extra  sessions  of  Congress,  yet,  in  consideration  of 
recent  changes  in  the  organization  of  the  Army,  and  of  the  necessity 
for  further  legislation,  it  is  deemed  best  to  depart  from  this  usage  on 
the  present  occasion. 

It  became  apparent,  in  the  course  of  the  last  Spring,  to  all  ac- 
quainted with  the  condition  of  the  Army,  that  the  acts  of  Congress, 
providing  for  re-enlistmcnts,  ^vould  not  effect  the  desired  object.  The 
privilege  allowed  of  re-enlisting  for  different  corps,  .and  even  for  dif- 
ferent arms  of  the  service,  coupled  with  the  love  of  change  always 
found  in  camps,  and  heightened  in  the  case  of  our  armies  by  the 
monotony  and  discomfort  of  winter  quarters,  caused  such  extensive 
changes,  that  the  re-enlistments  tended  to  the  disorganization  of  the 
Army. 

Large  numbers  of  our  men,  yearning  for  homo,  Aveary  of  the  dis- 
comfort of  camp  life,  and  deceived  by  the  apparent  inactivity  of  the 
enem}"- into  the  belief 'that  their  services  were  no  longer  necesary, 
declined  to  re-enlist  and  prepared  to  turn  over  the  burden  of  the  war 
to  those  who  had  as  yet  borne  no  part  of  it.  EiTorts  to  procure  re- 
enlistments  and  the  expectation  of  change,  relaxed  the  discipline  of 
the  Army,  impaired  its  efficiency,  and  rendered  it  incapable  of  accom- 
plishing what  otherwise  might  have  been  achieved. 

While  our  armies  were  thus  passing  through  successive  stages  of 
disorganization  to  dissolution,  those  of  the  enemy  recruited  and  re-or- 
ganized, had  reached  a  high  state  of  efficiency,  and  were  ready  at  tlie 
opening  of  the  campaign  to  enter  upon  it,  with  every  guarantee  of 
succc-s  that  numbers,  discipline,  complete  organization  and  perfect 
equipments  could  afford. 

The  success  they  obtained  under  these  circumstances,  far  from  being 
a  matter  of  surprise,  were  necessary  consequences  of  the  relative  con- 
ditions of  the  armies,  and  it  is  truly  surprising  that  these  successes 
were  not  greater  and  more  complete. 

The  plan  of  voluntary  enlistment  having  failed  to  preserve  the  or- 
ganization, and  to  recruit  the  strength  of  our  armies  at  a  time  when 
the  safety  of  the  country  required  both  to  be  effected,  a  resort  to  draft 
or  conscription  was  the  only  alternative.     To  all  acquainted  with  the 


16 

true  condition  of  things  there  could  be  no  ground  for  doubt.  In  a 
period  of  thirty  days  the  terms  of  service  of  one  hundred  and  forty- 
eifht  regiments  expired.  There  "was  good  reason  to  believe  that  a  large 
majority  of  the  men  had  not  re-enlisted,  and  of  those  ^vho  had  re- 
enlisted,  a  very  large  majority  had  entered  corps  which  could  never 
be  assembled,  or  if  assembled,  could  not  be  prepared  for  the  field  in 
time  to  meet  the  invasion  actually  commenced. 

There  vfas,  therefore,  an  interval  of  disorganization  and  -weakness 
impending,  and  the  enemy  had  already  entered  Virginia  with  an 
army,  now  known  to  have  had  more  than  double  the  numerical 
strength  of  our  own  and  superior  to  it  in  everything  but  courage  and 
.a  good  cause.  It  was  obvious  that  conscription  alone  could  save  us, 
and  it  could  hardly  be  supposed  that  a  Constitution  adopted  in  the 
midst  of  war,  inhibited  the  only  possible  mode  of  raising  armies. 

Influenced  by  these  and  other  considerations.  Congress  adopted  the 
measure  popularly  known  as  the  Conscript  Act.  Four  months  have 
not  elapsed  since  its  passage  and  the  present  condition  of  the  army 
and  of  ihe  country  sufficiently  prove  its  Avisdom.  Four  months  ago 
our  arraio.-;  were  retiring  weak  and  disorganized  before  the  overwhelm- 
ing force  of  the  enemy,  yielding  to  them  the  sea-coast,  the  mines, 
the  mauufacturing  power,  the  grain  fields,  and  even  entire  States  of 
the  Confederacy.  Now  we  are  advancing  with  increased  numbers, 
improving  organization,  renewed  courage  and  the  prestige  of  victory, 
upon  an  enemy  defeated,  disheartened,  and  sheltering  himself  behind 
defensive  works  and  under  cover  of  his  gun-boats.  A  military  sys- 
tem which  has  done  so  much  in  so  short  a  time,  should  be  cherished 
and  perfected,  and  its  defects  speedily  corrected. 

Soon  after  the  passage  of  the  Conscript  Act,  the  department  pre- 
pared to  carry  it  out,  and  on  the  28th  of  April,  published  General 
Order  No.  30,  a  copy  of  which  is  herewith  returned,  prescribing 
recrulations  for  the  enrolment,  mustering  in,  subsistence,  transporta- 
tion and  disposition  of  conscripts. 

It  was  determined  to  establish  one  or  more  permanent  camps  in 
each  State,  at  points  selected  with  reference  to  health  and  facilities 
for  subsistence  and  transportation.  Each  camp  has  its  Commanding 
officer,  its  Drill  officers,  its  Commissary,  Quartermaster  and  Surgeon. 
The  conscripts  are  to  be  assembled,  drilled,  taken  through  the  camp 
diseases,  and  distributed  among  the  regiments  of  the  State  in  propor- 
tion to  their  respective  deficiencies. 

The  necessity  of  sending  them  immediately  into  the  field,  has  inter- 
fered with  this  plan  of  operations,  but  it  has  been  carried  out  as  fiir  as 
practicable,  and  during  any  period  of  comparative  inactivity  it  can  be 
fully  executed.  Recruits  thus  prepared  for  the  field,  will  be  little  in- 
ferior to  old  soldiers,  and  the  army  will  be  relieved  from  its  ciowded 
hospit^ils  and  the  long  train  of  ineOfectives  that  now  drags  in  its  rear. 

The  greatest  difficulty  encountered  in  the  execution  of  the  law,  has 
been  that  which  constitutes  the  chief  impediment  in  all  involuntary 
military  systems,  the  enrolment  of  recruits.  The  third  section  of  the 
Act  requires  the  enrolling  officers  of  the  State  to  be  used  with  the 
consent  of  the  respective  Governors,  and  it  is  only  on  failure   to  ob- 


17 

tain  such  consent,  that  the  President  is  authorized  to  employ  Con- 
federate officers. 

The  military  systems  of  many  of  the  States  are  fallen  into  such 
disuse,  that  there  are  either  no  enrolling  officers,  or  none  that  can  be 
relied  on.  So  far  the  experiment  of  using  State  officers  has  proved  a 
failure,  and  I  would  suggest  that  permission  be  given  to  resort  to 
other  measures  for  enrolling  recruits. 

This  may  be  done  either  by  the  appointment  of  a  certain  number  of 
enrolling  officers  for  each  Congressional  District,  or  by  giving  each 
corps  supernumerary  officers  to  act  as  enrolling  officers  for  the  corps. 
The  latter  plan  would  probably  give  more  activity  and  efficiency  to 
enrolments  than  the  former,  as  the  enrolling  officers  would  be  under 
military  control,  and  if  inefficient,  might  be  ordered  back  to  their- 
regiments  and  be  substituted  by  others. 

The  4th  and  13th  sections  of  the  act  require  all  conscripts  and  vol- 
unteers to  enter  companies  in  existence  at  the  passage  of  the  act,  thus- 
cutting  oiF  recruits  for  companies  mustered  into  service  after  that 
time.  The  object  of  this  restriction  was  apparent,  the  new  companies 
then  forming  were  allowed  thirty  days  to  complete  their  organixation, 
and  had  the  advantage  over  companies  in  the  field  in  recruiting.  It 
was  supposed  necessary,  therefore,  to  restore  equality  by  giving  the 
conscripts  and  volunteers  after  thirty  days  to  the  old  companies. 

The  effect  will  be,  that  many  fine  regiments  brought  into  service- 
since  the  passage  of  the  act  will  go  down  for  the  want  of  recruits,  la 
think  it  will  be  well  to  permit  conscripts  to  be  assigned  and  volunteers- 
to  enter  all  companies  in  service. 

It  is  true  that  the  number  of  regiments  is  already  too  great,   and' 
that  it  is   impossible  to  keep  them  all  up.     This  may  have  been  a 
motive   for  restricting   recruits  to  old   regiments   and   permitting  the 
others  gradually  to  decline.     But  it  Avill  be  better  to  discriminate  in 
the  reduction  of  the  number  of  regiments,  and  to  consolidate  such  as- 
become  too  weak  to  be  recruited.     The  power  of  consolidating  regi- 
ments, battalions,  and  companies,  is  so  essential  that  our  armies  can-- 
not  be  maintained  in  a  tolerable  state  of  efficiency  without  its  exercise. 
The  Department  has  been  compelled  to  disband  corps  because  useless 
from  loss  of  men  or  other  cause,  but  as  the  law  now  stands,  this  can 
only  bg  done  by  discharging   the  entire  corps  and   enrolling   the  men 
within  the  conscript  age  for  service  in  other  companies. 

Two  inconveniences  attend  this  mode  of  proceeding:  First,  all  the^ 
men  over  thirty-five  and  under  eighteen  are  lost,  even  though  they: 
have  enlisted  for  the  war.  Secondly,  it  is  doubtful  whether  conscripts 
can  be  enrolled  out  of  their  own  States,  and  a  company,  therefore, 
cannot  be  disbanded  out  of  the  State  in  which  it  was  raised  without 
Ijsing  the  whole  company. 

I  suggest,  therefore,  that  whenever  a  corps  becomes  so  much  reduced 
as  to  be  unfit  for  service,  and  there  is  no  reasonable  expectation  of 
recruiting  it,  the  President  be  authorized  to  disband  it,  to  put  the 
officers  out  of  commissio.i  and  to  transfer  the  non-commissioned  officers 
and  privates  to  other  corps  from  the  same  State.  It  may  be  objected 
that  this  violates  the  contract  of  enlistment  which  is  for  service  in 
2 


18 

the  company  selected  by  the  A'oluntcer,  a-nd  thus  the  Government,  in 
accepting  the  volunteer,  impliedly  engages  to  keep  him  in  the  com- 
pany of  his  choice.  I  think  that  the  engagement  of  the  Government 
is  fulfilled  by  retaining  the  volunteer  in  his  company  so  long  as  it  is 
fit  for  service,  but  that  there  is  no  implied  promise  to  discharge  him 
when  his  company  can  be  no  longer  preserved.  Such  a  promise  would 
be  a  premium  to  inefiiciency.  A  company  anxious  to  leave  the  service 
would  secure  its  object  by  rendering  itself  unfit  to  remain. 

I  also  further  recommend  that  power  be  given  to  enrol  conscripts 
wherever  they  may  be  found.  Military  service  is  a  debt  due  to  the 
Confederacy,  and  the  power  of  exacting  it  should  not  depend  on  the 
accident  of  place.  Conscription  may  be  altogether  avoided  by  large 
numbers  of  men,  if  merely  crossing  a  line  exonerates  them  from  it. 
The  practice  of  employing  substitutes  at  pleasure,  supposed  to  be 
authorized  by  the  9th  section  of  the  Conscript  Act,  has  led  to  great 
abuses.  The  procuration  of  substitutes  has  become  a  regular  business. 
Men  thus  obtained  are  usually  unfit  for  service  and  frequently  desert. 
The  Department  has  restricted  the  practice  by  prohibiting  the  recep- 
tion of  unnaturalized  foreigners  as  substitutes,  but  the  evils  of  the 
system  are  still  very  great,  and  further  restrictions  are  necessar3^ 

It  would  be  well  to  authorize  substitution  only  where  the  services  of 
the  principal  are  equally  useful  to  the  public,  at  home  as  in  the  field. 
Such  is  the  case  with  experts  in  trades  necessary  for  the  prosecution 
of  the  war,  with  overseers  in  districts  of  country  having  iew  whites 
and  large  numbers  of  slaves,  and  generally  in  such  callings  as  are 
essential  to  the  public  welfare.  It  is  unwise  to  injure  the  public  ser- 
vice for  the  benefit  of  individuals,  and  therefore  no  substitution 
founded  merely  on  considerations  of  private  interest  should  be  tole- 
rated. 

In  this  connection  I  desire  to  call  attention  to  what  seems  to  be  an 
omission  in  the  Exemption  Act.  Millers^  tanners  and  saltmakers  are 
essential  to  the  prosecution  of  the  war.  Without  them  armies  can 
neither  be  subsisted  or  properly  clad.  They  are  equally  essential  to 
the  community  at  large,  and  the  restriction  of  such  callings  to  per- 
sons under  eighteen  and  over  thirty-five  years  of  age  inflict  injury 
upon  the  army  and  upon  the  people.  I  recommend,  therefore,  that 
they  be  included  in  the  Exemption  Act. 

The  greatest  defect  in  our  present  system  is  to  be  found  in  the  rule 
of  promotion  established  by  the  10th  section  of  the  Conscript  Act, 
and  by  the  Acts  of  the  Provisional  Congress,  approved  December  1 1th, 
1861,  and  January  22d,  1862.  They  require  promotion  to  be  by 
seniority.  To  this  rule  no  valid  objection  could  be  made  if  provision 
were  made  for  exceptional  cases  in  which  it  becomes  impracticable.  In 
long  established  armies,  seniority  implies  experience,  and  the  rule  is 
applied  to  individuals  who,  by  previous  examination  or  other  test, 
have  been  found  qualified  for  their  position.  In  our  armies  there  is 
little  or  no  difference  in  the  experience  of  our  officers,  and  no  test  is 
applied  to  ascertain  their  moral  or  intellectual  fitness  for  a  commission. 

As  the  act  provides  that  commissions  shall  be  granted  by  the  Presi- 
dent, it  was  supposed  that  this  was  intended  as  a  safeguard  against 
the  admission  of  unqualified  persons  to  important  public  trusts. 


•  19 

Accordingly,  by  General  Order  No.  39,  a  copy  of  which  is  here- 
with returned,  Boards  of  Enquiry  were  directed  to  be  summoned  in 
all  cases  of  promotion  or  election  where  the  fitness  of  the  claimant 
was  doubtful.  This,  however,  only  keeps  out  unfit  persons,  but 
makes  no  provision  for  filling  vacancies  in  case  there  be  no  unfit  per- 
son in  the  corps,  or  in  case  all  entitled  to  promotion  decline  it.  Such 
cases  occur  and  they  contribute  an  element  of  disorganization  and  in- 
efficiency in  the  army. 

I  earnestly  recommend,  therefore,  that  in  all  cases  where  election 
or  promotion  by  seniority  fails  to  fill  a  vacancy  with  a  qualified  officer, 
such  vacancy  may  be  filled  by  appointment.  It  may  be  objected  that 
this  increases  executive  patronage,  and,  by  the  intervention  of  examin- 
ing boards,  that  promotion  by  seniority  and  by  election  may  be  cut 
off.  If  the  increase  of  executive  patronage  be  necessary  to  remove  a 
great  evil,  its  possible  abuse  is  a  poor  argument  against  such  increase. 
It  is  unwise  to  prefer  certain  evils  to  contingent  abuses.  Practically, 
it  has  been  found  difficult  to  get  the  examining  boards  to  be  rigid 
enouf^h ;  they  are  too  apt  from  indolence  or  good  nature  to  scrutinize 
slightly  the  qualifications  of  brother  officers,  and  would  prove  to  be 
very  unfit  instruments  for  executive  usurpation. 

In  this  connection  another  serious  difficulty  in  filling  vacancies  v»'ill 
be  mentioned.  It  is  generally  supposed  that  the  rule  prescribed  in 
the  10th  section  of  the  Conscript  Act  applies  only  to  corps  organized 
under  that  act;  that  the  rule  prescribed  in  the  act  approved  December 
nth,  1861,  applies  only  to  re-organizations  of  re-enlisted  corps,  very 
very  few  of  which  re-organizations  actually  took  place,  and  that  the 
act  approved  January  22d,  1862,  applies  only  to  troops  raised  under 
an  act  approved  May  8th,  1861.  But  troops  were  authorized  to  be 
raised  by  acts  approved  May  11th,  1861,  and  August  8th,  1861,  and 
questions  arise  as  to  what  act  troops  come  under,  and  what  rule  of 
promotion  is  provided  for  corps  which  come  in  under  the  act  last  men- 
tioned. It  is  said  that  troops  mustered  directly  into  the  Confederate 
States  service  receive  their  laws  of  promotion  from  Congress,  and  that 
those  raised  by  the  Governors  of  States,  under  requisition  on  them 
by  the  President,  are  governed  by  the  laws  of  their  respective  States. 
It  is  maintained  that  the  latter  class  are  militia,  and  that,  under  the 
Constitution,  Congress  cannot  provide  for  filling  vacancies  occurring 
in  the  militia. 

Great  confusion,  uncertainty  and  inequality  result  from  this  state  of 
things,  and  it  is  very  important  that  a  uniform  rule  should  be  applied 
to  all.  I  know  of  no  better  rule  than  that  already  adopted,  providing 
the  power  of  appointment  be  given  as  recommended,  and  there  be  no 
constitutional  impediments  to  its  general  application.  A  difficulty 
arises  from  the  act  authorizing  the  appointment  of  general  officers 
which  should  be  removed.  The  6th  section  of  the  act  approved 
March  6th,  1861,  authorizes  the  President  to  organize  Brigades 
and  Divisions  and  to  appoint  commanding  officers  for  them,  who  are  to 
hold  office  only  while  such  Brigades  and  Divisions  are  in  service.  If 
the  casualties  of  service  destroy  a  Brigade  or  a  Division  the  commis- 
sion of  the  General  expires,  and  if  separated  from  his  command  by 


20  » 

ill  health,  wounds,  or  detached  service,  it  is  left  without  a  head,  there 
being  no  authority  to  appoint  a  successor  -without  vacating  the  com- 
mission of  the  first  appointee. 

The  army  moreover  requires  the  service  of  Generals  not  attached  to 
Brigades  and  Divisions.  There  are  certain  duties  which  can  be  better 
performed  by  general  officers  than  by  officers  of  lower  grade,  but  the 
merit  requisite  for  the  discharge  of  these  duties  secures  promotion  in 
the  line,  and  officers  of  the  line  are  therefore  unwilling  to  surrender 
their  positions  for  staff  appointments.  Brigades  and  Divisions  are 
sometimes  temporarily  deprived  of  their  commanders  by  the  casualties 
of  service,  and  it  is  desirable  to  assign  general  officers  to  such  com- 
mands. It  will  be  well,  therefore,  to  increase  the  number  of  general 
officers  to  a  definite  excess  above  the  whole  number,  not  exceeding  8 
or  10  per  cent  for  the  purposes  above  mentioned. 

Congress,  at  its  last  session,  authorized  the  appointment  of  eighty 
artillery  officers  for  ordnance  duties,  the  addition  of  fifty  engineers 
to  the  provisional  corps,  and  the  organization  of  a  signal  corps,  and 
a  nitre  corps. 

All  of  these  acts  have  been  carried  into  execution.  Eighty  artil- 
lery^ officers  for  ordnance  duty  have  been  appointed  and  their  duties 
prescribed  and  systematized.  General  Orders  No.  24  and  46,  here- 
with returned,  require  that  every  army  corps  shall  have  an  ordnance 
officer  with  the  rank  of  major,  every  division  one  with  the  rank  of 
captain,  every  brigade  one  with  the  rank  of  first  lieutenant,  and  every 
regiment  an  ordnance  sergeant.  These  form  a  corps  under  the  Chief 
of  Ordnance  at  Richmond,  to  whom  they  are  required  to  report.  Their 
services  are  important  for  the  proper  distribution  and  preservation  of 
arms.  Ordnance  officers  are  also  required  for  arsenals.  For  the  pro- 
per- discharge  of  ordnance  duties  at  arsenals,  and  in  the  field  it  will 
require  a  corps  of  at  least  one  hundred  and  fifty. 

I  recommend,  therefore,  that  application  be  made  for  the  enlarge- 
ment of  the  corps  to  that  number,  and  that  a  limited  number  be  au- 
thorized with  the  grade  of  major  for  service  with  army  corps. 

Most  of  the  additional  engineers  have  been  appointed  and  the  corps 
has  done  good  service.  The  present  law  permits  no  higher  grade 
than  that  of  captain,  while  the  other  corps  of  the  provisional  army 
are  organized  in  conformity  with  corresponding  corps  in  the  Confed- 
erate States  army.  This  discrimination  is  unjust  and  impolitic.  If 
men  of  talent  and  acquirement  are  needed  in  this  corps,  promotion 
should  be  offered  equal  to  that  attainable  in  other  branches  of  the 
service. 

Engineering  talent  is  of  a  high  order  of  endowment,  and  should  be 
stimulated  by  proper  rewards.  I  recommend,  therefore,  that  th« 
grade  of  the  Provisional  Engineer  Corps  should  be  made  to  conform 
to  those  of  the  same  corps  in  the  Confederate  States  army. 

A  Signal  Corps  has  been  organized  by  General  Order  No.  40,  a 
copy  of  which  is  herewith  returned.  For  the  purpose  of  systematic 
instruction,  a  confidential  pamphlet  has  been  prepared  by  a  member 
of  the  corps  and  printed  with  due  precautions  to  avoid  publicity. 
Should  it,  however,  fall  into  the  enemj-'s  hands,  no  great  harm  would 


21 

be  done,  as  it  contains  the  principles  of  the  art  merely,  and  does  not 
disclose  the  key  to  any  signal  or  cipher. 

A  Nitre  Bureau  has  also  been  organized,  and  under  its  able  and  in- 
defatigable head  Major  J.  M.  St.  John,  is  doing  good  service.  General 
Order  No.  41,  herewith  communicated,  was  issued  to  facilitate  the 
operations  of  the  Bureau.  The  production  of  Nitre  is  already  one 
thousand  pounds  a  day,  and  there  is  good  reason  to  think  that  it  will 
reach  three  thousand  pounds  a  day  and  supply  our  consumption, 

A  map  of  a  reconnoisance,  and  Major  St.  John's  report,  are  here- 
with returned.  The  Bureau  has  been  directed  to  turn  its  attention  to 
the  mining  of  such  materials  as  are  required  for  the  army,  and  will 
do  much  to  develop  their  production. 

The  Act  authorizing  bands  of  Partizan  Rangers  has  been  carried 
into  execution.  Apprehending  that  the  novelty  of  the  organization, 
and  the  supposed  freedom  from  control,  would  attract  great  numbers 
into  the  Partizan  Corps,  the  department  adopted  a  rule  requiring  a  re- 
commendation from  a  General  commanding  a  department,  before 
granting  authority  to  raise  partizans.  Notwithstanding  this  re- 
striction, there  is  reason  to  fear  that  the  number  of  Partizan  Corps 
greatly  exceed  the  requirements  of  the  service,  and  that  they  serious- 
ly impede  recruiting  for  regiments  of  the  line. 

The  precaution  has  been  taken  to  require  their  organization  to  con- 
form in  all  respects  to  that  of  other  troops,  and  it  will  be  only  neces- 
sary to  brigade  such  of  them  as  are  not  needed  for  partizan  service, 
to  make  them  in  fact,  troops  of  the  line,  although  nominally  partizans. 
I  recommend  that  this  be  authorized. 

Since  the  adjournment  of  Congress,  our  stock  of  arms  has  been 
largely  increased  by  importation  and  capture.  Our  small  arms  alone, 
have  increased  from  these  sources  not  less  than  eighty  thousand.  Our 
supply  of  ammunition  has  also  been  increased  by  importation  and 
manufacture,  and  as  already  stated,  we  may  expect  at  no  distant  day 
that  the  active  and  methodical  operations  of  the  Nitre  Corps  will  sup- 
ply our  demand  and  make  us  independent  of  foreign  importation. 

I  deem  it  unnecessary  to  say  anything  of  the  operations  of  the 
army  since  the  adjournment  of  Congress.  The  time  has  not  arrived 
for  their  complete  disclosure,  but  enough  has  appeared  to  show  the 
ability  of  our  Generals  and  the  courage  and  patience  of  our  troops. 

It  is  to  be  regretted  that  we  cannot  reward  such  services  as  the 
army  has  rendered,  they  are  infinitely  above  all  compensation,  but 
something  may  be  done  to  show  our  appreciation  of  them.  Courage 
and  skill  cannot  always  command  promotion.  Happily  for  us,  they 
far  exceed  our  means  of  reward,  if  confined  to  mere  material  benefits. 
It  would,  however,  be  doing  our  high-toned  soldiers  great  injustice  to 
suppose  that  rank  and  pay  are  their  only  incentives  to  exertion.  I 
think  that  medals  conferred  as  rewards  for  good  conduct  in  the  field, 
cultivate  the  spirit  which  distinguishes  the  patriot  soldier  from  the 
mercenary,  and  afford  means  of  reward  without  injuring  tee  army  by 
excessive  promotion. 

I  recommend,  therefore,  that  application  be  made  for  authority  to 
confer  medals  upon  such  officers  and  men  as  distinguish  themselves  in 
battle. 


9*? 

A  right  to  control  the  operations  of  our  Railroads  to  some  extent^ 
is  necessary  to  insure  quick  and  safe  transportation,  and  to  maintain 
the  roads  in  a  proper  state  of  efficiency.  The  regular  transportation 
of  the  roads  is  so  much  deranged  by  the  movements  of  troops  and 
munitions  of  war,  that  a  common  head  during  the  war  is  indispensable. 
I  recommend  that  application  be  for  authority  to  exercise  such  control 
as  may  be  necessary  to  harmonize  the  operations  of  the  roads,  and  to 
maintain  their  efficiency,  and  to  appoint  a  Superintendent,  who  shall 
be  charged  with  the  supervision  of  Hailroad  transportation. 
Very  respectfully, 

Your  obedient  servant, 

GEO.  W.  RANDOLPH, 

Secretary  of  War. 


WAR  DEPARTMENT, 

Adjutant  and  Inspector  General's  Office, 
Richmond,  April  28,  1862. 

GENERAL  ORDERS,  > 

No.  30.  I 

I.  The  following  acts  having  passed  both  Houses  of  Congress,  were 
duly  approved  by  the  President,  and  are  now  published  for  the  infor- 
mation of  the  army : 

An  Act  to  Organize  Bands  of  Partizan  Rangers. 

Sec.  1.  The  Congress  of  the  Confederate  States  of  America  do  enacts 
That  the  President  be  and  he  is  hereby  authorized  to  commission  such 
officers  as  he  may  deem  proper,  with  authority  to  form  bands  of  Par- 
tizan Rangers,  in  companies,  battalions  or  regiments,  either  as  infantry 
or  cavalry,  the  companies,  battalions  or  regiments  to  be  composed, 
each,  of  such  numbers  as  the  President  may  approve. 

Sec  2,  Be  it  further  enacted.  That  sucli  Partizan  Rangers,  after 
being  regularly  received  into  the  service,  shall  be  entitled  to  the  same 
pay,  rations  and  quarters,  during  their  term  of  service,  and  be  subject 
to  the  same  regulations  as  other  soldiers. 

Sec.  3.  Be  it  further  enacted,  That  for  any  arms  and  munitions  of 
war  captured  from  the  enemy  by  any  body  of  Partizan  Rangers,  and 
delivered  to  any  quartermaster  at  such  place  or  places  as  may  be 
designated  by  a  Commanding  General,  the  Rangers  shall  be  paid  their 
full  value,  in  such  manner  as  the  Secretary  of  War  may  prescribe.. 

Approved  April  21,  1862. 

An  Act  to  further  provide  for  the  Public  Defence. 

In  view  of  the  exigencies  of  the  country,  and  the  absolute  necessity 
of  keeping  in  the  service  our  gallant  army,  and  of  placing  in  the  field 
a  large  additional  force  to  meet  the  advancing  columns  of  the  enemy 
now  invading  our  soil :  Therefore, 

Sec  1.  IVie  Congress  of  the  Confederate  Stat:s  of  America  do  enact, 
That  the  President  be  and  he  is  hereby  authorized  to  call  out  and 
place  in  the  military  service  of  the  Confederate  States,  for  three  years, 
unless  the  war  shall  have  been  sooner  ended,  all  white  men  who  are 
residents  of  the  Confederate  States,  between  the  ages  of  eighteen  and 
thirty-live  years  at  the  time  the  call  or  calls  may  be  made,  who  are 
legally  exempted  from  military  service.  All  of  the  persons  aforesaid 
who  are  now  in  the  armies  of  the  Confederacy,  and  whose  term  of 
service  will  expire  before  the  end  of  the  war,  shall  be  continued  in  the 
service  for  three  years  from  the  date  of  their  original  enlistment,. 


24 

unless  the  war  shall  have  been  sooner  ended :  Provided,  hdwever,  That 
all  such  companies,  squadrons,  battalions  and  regiments,  whose  term 
of  original  enlistment  was  for  twelve  months,  shall  have  the  right, 
within  forty  days,  on  a  day  to  be  fixed  by  the  commander  of  the  bri- 
gade, to  reorganize  said  companies,  battalions  and  regiments,  by 
electing  r.ll  their  officers  which  they  had  a  right  heretofore  to  elect, 
who  shall  be  commissioned  by  the  President:  Provided  further,  That 
furloughs  not  exceeding  sixty  days,  with  transportation  home  and 
back,  shall  be  granted  to  all  those  retained  in  the  service  by  the  pro- 
visions of  this  act,  beyond  the  period  of  their  original  enlistment,  and 
who  have  not  heretofore  received  furloughs  under  the  provisions  of  an 
act  entitled  "  An  Act  providing  for  the  granting  of  bounty  and  fur- 
loughs to  privates  and  non-commissioned  officers  in  the  Provisional 
Army,"  approved  11th  December,  eighteen  hundred  and  sixty  one  ; 
said  furloughs  to  be  granted  at  such  times  and  in  such  numbers  as  the 
Secretary  of  War  may  deem  most  compatible  with  the  public  interest : 
And  provided  further.  That  in  lieu  of  a  furlough,  the  commutation 
value  in  money  of  the  transportation  herein  above  granted,  shall  be 
paid  to  each  private,  musician  or  non-commissioned  officer  who  may 
elect  to  receive  it,  at  such   time  as  the  furlough  would   otherwise  be 

t  -!r\  * 

granted :  Provided  further.  That  all  persons  under  the  age  of  eighteen 
years  or  over  the  age  of  thirty-five  years,  who  are  now  enrolled  in  the 
military  service  of  the  Confederate  States,  in  the  regiments,  squad- 
rons, battalions  and  companies  hereafter  to  be  reorganized,  shall  be 
required  to  remain  in  their  respective  companies,  squadrons,  battalions 
and  regiments  for  ninety  days,  unless  their  places  can  be  sooner  sup- 
plied by  other  recruits  not  now  in  the  service,  Avho  are  between  the 
ages  of  eighteen  and  thirty-five  years  :  and  all  laws  and  parts  of  laws 
providing  for  the  re-enlistment  of  volunteers  and  the  organization 
thereof  into  companies,  squadrons,  battalions  or  regiments,  shall  be 
and  the  same  are  hereby  repealed. 

Sec.  2.  Be  it  further  enacted,  That  such  companies,  squadrons,  bat- 
talions or  regiments  organized,  or  in  process  of  organization  by 
authority  from  the  Secretary  of  War,  as  may  be  within  thirty  days 
from  the  passage  of  this  act,  so  far  completed  as  to  have  the  whole 
number  of  men  requisite  for  organization  actually  enrolled,  not  em- 
bracing in  said  organization  any  persons  now  in  service,  shall  be 
mustered  into  the  service  of  the  Confederate  States  as  part  of  the 
land  forces  of  the  same ;  to  be  received  in  that  arm  of  the  service  in 
which  they  are  authorized  to  organize;  and  shall  elect  their  company, 
'battalion  and  regimental  officers. 

Sec.  3.  Be  it  further  enacted,  That  for  the  enrollment  of  all  persons 
•comprehended  within  the  provisions  of  this  act,  who  are  not  already 
in  service  in  the  armies  of  the  Confederate  States,  it  shall  be  lawful 
for  the  President,  with  the  consent  of  the  governors  of  the  respective 
States,  to  employ  State  officers ;  and  on  failure  to  obtain  such  consent, 
.he  shall  employ  Confederate  officers,  charged  with  the  duty  of  making 
Buch  enrollment  in  accordance  with  rules  and  regulations  to  be  pres- 
cribed by  him. 

Sec.  4.  Be  it  further  enacted,  That  persons  enrolled  under  the  pro- 


25 

visions  of  the  preceding  section,  shall  be  assigned  by  the  Secretary  of 
War  to  the  difterent  companies  now  in  service,  until  each  company  is 
filled  to  its  maximum  number,  and  the  persons  so  enrolled  shall  be 
assigned  to  companies  from  the  States  from  Avhich  they  respectively 
come. 

Sec.  5.  Be  it  further  enacted.  That  all  seamen  and  ordinary  seamen 
in  the  land  forces  of  the  Confederate  States,  enrolled  under  the  pro- 
visions of  this  act,  may,  on  application  of  the  Secretary  of  the  Navy, 
be  transferred  from  the  land  forces  to  the  naval  service. 

Sec  6.  Be  it  further  enacted,  That  in  all  cases  where  a  State  may 
not  have  in  the  army  a  number  of  regiments,  battalions,  squadrons  or 
companies  suflficient  to  absorb  the  number  of  persons  subject  to  mili- 
tary service  under  this  act,  belonging  to  such  State,  then  the  residue 
or  excess  thereof  shall  be  kept  as  a  reserve,  under  such  regulations  as 
may  be  established  by  the  Secretary  of  War,  and  that  at  stated  periods 
of  not  greater  than  three  months,  details,  determined  by  lot,  shall  be 
made  from  said  reserve,  so  that  each  company  shall,  as  nearly  as 
practicable,  be  kept  full :  Provided,  That  the  persons  held  in  reserve 
may  remain  at  home  until  called  into  service  by  the  President :  Pro- 
vided also.  That  during  their  stay  at  home,  they  shall  not  receive  pay  : 
Provided  further.  That  the  persons  comprehended  in  this  act  shall  not 
be  subject  to  the  Eules  and  Articles  of  War  until  mustered  into  the 
actual  service  of  the  Confederate  States ;  except  that  said  persons, 
when  enrolled  and  liable  to  duty,  if  they  shall  wilfully  refuse  to  obey 
said  call,  each  of  them  shall  be  held  to  be  a  deserter,  and  punished  as 
such,  under  said  articles :  Provided  further.  That  whenever,  in  the 
opinion  of  the  President,  the  exigencies  of  the  public  service  may 
require  it,  he  shall  be  authorized  to  call  into  actual  service  the  entire 
reserve,  or  so  much  as  may  be  necessary,  not  previously  assigned  to 
difierent  companies  in  service  under  provision  of  section  four  of  this 
act.  Said  reserve  shall  be  organized  under  such  rules  as  the  Secre- 
tary of  War  may  adopt :  Provided,  The  company,  battalion  and  regi- 
mental officers  shall  be  elected  by  the  troops  composing  the  same : 
Prcvidcd,  The  troops  raised  in  any  one  State  shall  not  be  combined  in 
regimental,  battalion,  squadron  or  company  organization  with  troops 
raised  in  any  other  States. 

Sf.c.  7.  Be  it  further  enacted.  That  all  soldiers  now  serving  in  the 
army  or  mustered  in  the  military  service  of  the  Confederate  States,  or 
enrolled  in  said  service  under  the  authorizations  heretofore  issued  by 
the  Secretary  of  War,  and  who  are  continued  in  the  service  by  virtue 
of  this  act,  who  have  not  received  the  bounty  of  fifty  dollars  allowed 
by  existing  laws,  shall  be  entitled  to  receive  said  bounty. 

Sec.  8.  Be  it  further  enacted.  That  each  man  who  may  hereafter  be 
mustered  into  the  service,  and  who  shall  arm  himself  with  a  musket, 
shot-gun,  rifle  or  carbine,  accepted  as  an  efficient  weapon,  shall  be  paid 
the  value  thereof,  to  be  ascertained  by  the  mustering  officer,  under  such 
regulations  as  may  be  prescribed  by  the  Secretary  of  War,  if  he  is 
willing  to  sell  the  same ;  and  if  he  is  not,  then  he  shall  be  entitled  to 
receive  one  dollar  a  month  for  the  use  of  said  received  and  approved 
musket,  rifle,  shot-gun  or  carbine. 


Sec.  9.  Be  it  further  enacted,  That  persons  not  liable  for  duty  may 
be  received  as  substitutes  for  those  who  are,  under  such  regulations 
as  may  be  prescribed  by  the  Secretary  of  War. 

Sec.  10.  Be  it  further  enacted,  That  all  vacancies  shall  be  filled  by 
the  President  from  the  company,  battalion,  squadron  or  regiment  in 
which  such  vacancies  shall  occur,  by  promotion  according  to  seniority, 
except  in  cases  of  disability  or  other  incompetency  :  provided,  however, 
that  the  President  may,  wdien  in  his  opinion  it  may  be  proper,  fill  such 
vacancy  or  vacancies  by  the  promotion  of  any  ofiicer  or  officers,  or 
private  or  privates  from  such  company,  battalion,  squadron  or  regi- 
ment who  shall  have  been  distinguished  in  the  service  by  exhibition 
of  valor  and  skill,  and  that  whenever  a  vacancy  shall  occur  in  the 
lowest  grade  of  the  commissioned  officers  of  a  company,  said  vacancy 
shall  be  filled  by  election :  provided,  that  all  appointments  made  by-the 
President  shall  be  by  and  with  the  advice  and  consent  of  the  Senate. 

Sec.  \\.  Be  it  further  enacted,  That  the  provisions  of  the  first  section 
of  this  act  relating  to  the  election  of  officers,  shall  apply  to  those  reg- 
iments, battalions,  and  squadrons  which  are  composed  of  twelvemonths 
and  war  companies  combined  in  the  same  organization,  without  regard 
to  the  manner  in  which  the  officers  thereof  were  originally  appointed. 

Sec.  12.  Be  it  further  enacted.  That  each  company  of  infantry  shall 
consist  of  one  hundred  and  twenty-five,  rank  and  'file  ;  each  company 
of  field  artillery  of  one  hundred  and  fifty,  rank  and  file ;  and  each 
of  cavalry,  of  eighty,  rank  and  file. 

Sec.  13.  Be  it  further  enacted.  That  all  persons  subject  to  enroll- 
ment, who  are  not  now  in  the  service,  under  the  provisions  of  this 
act,  shall  be  permitted,  previous  to  such  enrollment,  to  volunteer  in 
companies  now  in  the  service.     [Approved  April  16th,  1862.] 

II.     Enrollment  and  Disposition  of  Recruits. 

1.  An  officer  not  below  the  rank  of  Major,  will  be  detailed  for  each 
State,  to  take  charge  of  the  enrollment,  mustering  in,  subsistence, 
transportation  a,nd  disposition  of  the  Recruits  raised  under  the  above 
act. 

2.  Application  will  be  made  immediately  to  the  Governors  of  the 
several  States,  for  permission  to  employ  State  officers  for  said  enroll- 
ment ;  and  in  case  such  permission  be  not  granted,  officers  of  the  army 
will  be  selected  by  the  Department  to  perform  that  duty,  under  such 
regulations  as  may  be  prescribed.  Where  State  officers  are  employed, 
the  regulations  of  the  respective  States  in  regard  to  military  enroll- 
ment, will  be  observed  as  far  as  applicable. 

3.  The  enrolled  men  in  each  State  will  be  collected  in  camps  of  in- 
struction, by  the  officers  in  command  of  the  Recruits,  the  said  camps 
to  be  selected  with  reference  to  health,  and  the  facilities  for  obtaining 
subsistence  and  transportation.  The  number  of  these  camps  shall  not 
exceed  two  in  each  State,  without  authority  from  the  Department ;  and 
to  each  will  be  allowed  a  Quartermaster  and  a  Commissary. 

4.  The  commandants  of  the  camps  of  instruction  in  the  several 
States  will  call  upon  the  Generals   commanding  the  military  depart- 


27 

ments  in  which  their  camps  may  be  situated,  for  competent  drill  officers 
to  instruct  the  recruits,  and  will  prepare  them  for  the  field  as  rapidly 
as  possible.  They  will  cause  them  to  be  promptly  vaccinated ;  and  in 
ordering  them  to  the  field,  will,  as  far  as  practicable,  prefer  those  who 
have  passed  through  the  usual  camp  diseases.  They  will  establish 
hospitals  in  connection  with  their  camps,  and  make  requisition  for  such 
medical  attendance  and  stores  as  may  be  required. 

5.  The  commandants  of  regiments,  battalions,  squadrons  and  unat- 
tached companies  in  service  on  the  16th  instant,  will  send  copies  of 
their  muster  rolls  to  the  commandant  of  the  proper  camp  of  instruction 
in  their  respective  States,  Avith  officers  to  take  charge  of  such  recruits 
as  may  be  furnished  to  said  corps.  The  said  commandants  will  appor- 
tion the  recruits  among  such  corps,  in  proportion  to  tbo  deficiency  of 
each,  except  when  otherwise  specially  directed  by  the  Department, 
allotting  as  far  as  practicable  to  each  such  corps  the  men  from  the 
regions  of  country  in  which  it  has  been  raised.  They  will  from  time 
to  time  send  off  such  bodies  of  recruits  as  are  ready  for  the  field,  and 
will  report  on  the  first  Monday  of  every  month  to  the  Department,  the 
number  of  recruits  in  camp,  their  condition,  the  number  sent  off  during 
the  month,  and  the  regiments  and  corps  to  which  they  were  sent. 

6.  The  commandants  of  regiments  and  corps  will  distribute  the  re- 
cruits among  their  "several  companies;  and  in  such  as  have  not  the 
number  of  companies  allowed  by  law  to  a  regiment,  the  said  command- 
ants may  organize  the  required  number  of  new  companies,  after  first 
filling  up  the  existing  companies  to  the  minimum  numbers  re*[uiredby 
law  ;  that  is  to  say,  for  each  company  of  infantry,  64  privates  ;  of 
cavalry,  60  privates;  of  artillery,  70  privates. 

7.  The  recruits  will  be  apportioned  among  the  several  arms  of  ser- 
vice, according  to  their  respective  wants,  consulting  as  far  as  practica- 
ble, the  preference  of  the  men.  "Where  a  gi-eater  number  offer  for  a 
particular  arm  than  can  be  assigned  to  it,  the  distribution  will  be 
determined  by  lot ;  but  recruits  for  the  cavalry  will  only  be  taken  from 
those  who  furnish  their  own  horses. 

III.     Volunteers  for  Existing  Corps. 

8.  Persons  liable  to  military  service  under  the  above  act,  not  in 
service  on  the  16th  of  April,  and  wishing  to  volunteer  in  any  partic- 
ular company  in  tne  Confederate  service  on  the  16th  day  of  April, 
may  report  themselves  prior  to  their  enrollment,  at  a  camp  of  instruc- 
tion within  their  respective  States,  where  they  will  be  enrolled,  pre- 
pared for  the  field,  and  sent  to  the  said  company,  until  the  s:  me  shall 
be  filled  up. 

9.  Recruiting  officers  may  be  detailed,  with  the  permission  of  the 
Generals  commanding  military  departments,  by  the  commandants  of 
regiments  and  corps,  and  sent  to  their  respective  States  for  the  purpose 
of  receiving  for  such  regiments  and  corps,  in  conformity  with  recruiting 
regulations  heretofore  adopted  (General  Orders,  No.  6),  all  volunteers 
desiring  to  join  them.  Such  volunteers  may  be  assembled  at  the  camps 
of  instruction  in  their  respective  States,  prepared  for  the  field,  and  sent 


28 

to  their  respective  regiments  and  corps,  until  the  same  shall  be  filled 
up ;  or,  if  ready  for  the  field,  may  be  ordered  directly  to  their  corps 
by  the  officer  so  recruiting  them.' 

IV. — Volunteer  Coups  heretofore  authorized. 

10.  Persons  liable  to  military  service  under  this  act,  and  not  in  ser- 
vice on  the  1 6th  day  of  April,  may,  until  the  I7th  d<ay  of  May  next, 
volunteer  in  corps  heretofore  authorized  to  be  raised  by  the  Secretary 
of  War,  or  by  the  Executive  of  any  State,  as  part  of  the  quota  there- 
of, in  pursuance  of  a  call  made  upon  such  State  by  the  President. 
Persons  authorized  to  raise  such  corps,  who  may  not  on  that  day  have 
the  necessary  number  of  men  enrolled  and  mustered  into  service,  ac- 
cording to  the  terms  of  their  authority,  will  proceed  with  their  men  to 
a  camp  of  instruction  in  their  respective  States,  and  will  deliver  their 
muster  rolls  to  the  commandant  thereof. 

11.  The  commandants  of  such  corps  as  are  completed  on  or  before 
the  17th  day  of  May,  and  not  otherwise  ordered,  will  report  to  the 
commandants  of  the  recruits  of  their  respective  States,  and  with  their 
corps  will  be  placed  by  him  in  a  camp  of  instruction,  and  reported 
immediately  to  the  Department.  Such  corps  will  be  under  the  com- 
mand of  the  commandants  of  recruits  in  their  respective  States,  and 
will  be  prepared  for  the  field  in  like  manner  with  the  recruits,  until 
removed  from  the  camp.  They  will  only  be  moved  under  orders  from 
the  Department,  from  the  Commanding  General  of  the  army,  or  in 
urgent  cases,  from  the  Commanding  General  of  the  military  depart- 
ment in  which  the  camps  may  be  situated ;  and  in  such  cases,  report 
will  immediately  be  made  to  the  Department  by  the  officer  in  command 
of  the  camp. 

V. — Additional  Corps.     Guerilla  Se:rvice. 

12.  Under  the  prohibition  of  this  act  against  the  organization  of 
new  corps,  no  further  authority  for  that  purpose  can  be  given,  except 
that  specially  provided  for  in  the  act  of  Congress,  entitled  ''  an  act  to 
organize  bands  of  Partizan  Rangers."  For  this  latter  purpose,  ap- 
plications must  be  made  through  the  Commanding  Generals  of  the 
military  departments  in  which  the  said  corps  are  to  be  employed. 

VI. — Reorganization  of  Twelve  Months  Corps. 

13.  All  regiments,  battalions,  squadrons  and  companies  of  12 
months  volunteers  will  reorganize  within  40  days  from  the  16th  of 
April,  by  electing  all  their  officers  which  they  had  a  right  heretofore 
to  elect,  and  on  such  days  as  the  brigade  commander  may  prescribe ; 
and  the  said  brigade  commanders  are  hereby  ordered  to  fix  and  an- 
nounce the  day  for  such  reorganization  as  soon  as  practicable.  No 
person  who  is  to  be  discharged  under  the  provisions  of  the  act,  will 
take  part  in  such  election. 


39 

14.  The  form  of  holding  and  certifying  the  elections  will  be  in  con* 
formity  with  the  laws  of  the  State  from  which  the  men,  or  the  major 
part  thereof,  may  come  ;  and  when  the  election  of  field  officers  is  to  be 
made  by  company  ofiicers,  the  latter  will  be  first  elected.  All  certifi- 
cates of  election  will  be  returned  to  the  Adjutant  General's  ofiice,  and 
the  ofl&cers  will  be  commissioned  by  the  President.  They  will,  how- 
ever, on  receiving  a  copy  of  the  certificate  of  election,  immediately 
enter  upon  duty.  Officers  not  re-elected  will  be  relieved  from  duty, 
and  the  brigade  commander  will  return  their  names  to  the  Depart- 
ment. 

VII.-— Corps  raised  for  Local  Defence. 

15.  Corps  raised  for  local  defence  will  retain  their  organization 
during  the  term  of  such  enlistment,  unless  previously  disbanded ;  but 
members  of  such  corps  may  volunteer  into  corps  for  general  service, 
as  herein  above  provided. 

A'^III. — Discharges. 

16.  When  any  company  now  in  service  for  12  months  shall,  before 
the  16th  day  of  July  next,  attain  the  maximum  numbers  prescribed 
by  this  act,  without  including  the  men  under  18  and  over  35  years  of 
age,  all  such  men  may  be  discharged,  and  such  of  them  as  remain  in 
service  on  the  said  day  will,  upon  their  application,  be  then  discharged, 
whether  such  maximum  be  attained  or  not. 

♦  IX. — Transfers. 

17.  The  right  to  change  company  or  corps  in  virtue  of  re-enlist- 
ment, ceases  to  exist  by  the  repeal  of  all  laws  in  regard  to  re-enlist- 
ment; but  transfers  of  individuals  or  of  companies  may  be  made,  as 
heretofore,  within  the  discretion  of  the  Department,  on  applications 
approved  by  commanding  ofiicers. 

X. — Substitutes. 


18.  When  any  person  liable  to  military  duty  under  this  act,  but  not 
yet  mustered  into  service  in  any  company,  desires  to  furnish  a  substi- 
tute, he  shall  report  himself  with  the  substitute  to  the  commandant  of 
a  camp  of  instruction ;  and  if  the  substitute  be  lawfully  exempt  from 
military  duty,  and  on  examination  by  a  Surgeon  or  Assistant  Surgeon, 
be  pronounced  sound  and  in  all  respects  fit  for  military  service,  he 
may  be  accepted  and  enrolled ;  and  the  person  furnishing  such  substi- 
tute may  be  discharged  by  the  commandant  of  the  camp.  But  no 
substitute  shall  be  entitled  to  transportation  or  other  allowance  at  the 
expense  of  the  Government,  until  so  accepted  and  enrolled. 


30 

XI. — Exemptions. 

19.  Persons  claiming  exemption  from  military  duty  under  this  act, 
shall  be  required  by  the  enrolling  officer  to  make  oath  that  they  are 
la^Yfully  exempt,  and  shall  be  furnished  by  hnn  with  a  certificate  of 
such  exemption. 

By  command  of  the  Secretary  of  War. 

S.  COOPER, 
Adjutant  and  Inspector  General. 


WAR  DEPARTMENT, 
Adjutant  and  Inspector  General's  Office, 
Richmond,  May  26,  1862. 

GENERAL  ORDERS, 

No.  39. 

I.  The  second  paragraph  of  General  Orders,  No.  36,  is  hereby  re- 
voked, and  the  following  substituted  therefor  :  When  an  officer  elected 
or  promoted  in  the  provisional  army  by  reason  of  seniority,  is  by  law 
to  be  commissioned  by  the  President,  and  there  is  reasonable  ground 
to  doubt  his  qualification  or  fitness  for  the  comiuission,  his  brigade 
commander,  if  there  be  one,  or  if  not,  then  his  division  commander  will 
assemble  a  board  of  not  less  than  three  commissioned  officers  of  equal 
or  superior  rank  to  the  officer  elected  or  promoted,  who  shall  enquire 
into  his  qualifications  and  fitness  for  the  commission,  and  sliall  report 
to  this  office,  for  the  information  of  the  War  Department,  the  facts  of 
the  case,  and  their  own  opinion  of  the  qualification  and  fitness  of  the 
officer.  This  order  will  apply  to  all  persons  not  yet  commissioned  or 
recognized  as  in  commission  by  the  Department. 

II.  The  limits  of  Department  No.  1,  under  command  of  Major  Gen- 
eral Lovcll,  will  hereafter  embrace  tliat  portion  of  the  State  of  Mis- 
sissippi south  of  the  33d  parallel  and  west  of  Pascagoula  and  Chicka- 
sawha  rivers,  including  also  that  part  of  the  State  of  Louisiana  east 
of  the  Mississippi  river. 

III.  Department  No.  2,  under  command  of  General  Beauregard,  is 
extended  south  to  the  33d  parallel  east  of  the  Tennessee  river,  and 
extending  on  that  parallel  to  the  eastern  boundary  of  Alabama 

IV.  The  boundary  of  the  Trans-Mississippi  Department  will  em- 
brace the  States  of  Missouri  and  Arkansas,  including  the  Indian 
Territory,  the  State  of  Louisiana  west  of  the  Mississippi,  and  the 
State  of  Texas. 

V.  Frequent  complaints  having  been  made  of  injury  to  fencing  and 
to  the  grounds  on  or  near  which  troops  have  encamped,  attention  is 
called  to  the  983d  paragraph  of  the  Army  Regulations,  which  requires 
the  Commanding  Officer  and  Quarter  Master  to  make  an  inspection  of 
buildings  occupied  as  barracks,  quarters,  or  lands  occupied  for  encamp- 
ments, when  they  arc  vacated,  and  a  report  to  be  made  to  the  Quarter 
Master  General  of  their  condition,  and  of  any  injury  to  them  by  the 
use  of  tlie  troops. 

This  regulation  will  be  strictly  enforced;  and  in  case  of  injury  not 
reported  by  the  Commanding  Officer  and  Quarter  Master,  they  will  be 
charged  on  their  pay  account  of  the  troops  with  the  damage  done.  If 
report  be  made,  it  must  specify  by  whom  the  injury  was  inflicted,  and 
the  deduction,  in  such  case,  will  be  made  from  the  pay  of  the  offend- 
ing party. 


VI.  Hereafter  Brigadier  Generals  will  have  timely  requisitions 
made  for  all  blanks  issued  from  this  office,  in  order  that  they  may  be 
forwarded  for  early  distribution. 

By  command  of  the  Secretary  of  War. 

S.  COOPER, 
Adjutant  and  Inspector  General. 


WAR  DEPARTMENT, 
Adjutant  and  Inspector  General's  Office, 
Richmond,  April  16,  1862. 

GENERAL  ORDERS,  ) 
No.  24.  5 

I.  All  officers  assigned  to  ordnance  duty  with  troops  in  the  field, . 
will  be  reported  to  the  Adjutant  and  Inspector  General  of  the  Army, 
and  will  report  by  letter  to  the  Chief  of  the  Ordnance  Bureau  in 
Richmond. 

II.  Every  General  in  command  of  an  Army  Corps  will,  if  no  officer 
is  assigned  to  his  Army  for  the  purpose,  designate  an  officer  for  ord- 
nance duty,  as  "  Chief  of  Ordnance"  of  that  Army,  who  shall,  while- 
on  such  duty,  if  of  inferior  grade  in  the  Confederate  Army,  be  en- 
titled to  the  rank  and  pay  of  a  Major  of  Artillery, 

III.  Every  Major  General  in  command  of  a  division,  or  Brigadier 
General,  whose  brigade  constitutes  a  separate  command,  will,  under 
like  circumstances,  designate  an  officer  for  ordnance  duty,  as  "  Divi- 
sion Ordnance  Officer"  (or  "Brigade  Ordnance  Officer,"  if  the  brig- 
ade constitutes  a  separate  command,)  who  shall,  if  a  subaltern  in  the 
Confederate  Army,  have  the  rank  and  pay  of  a  Captain  of  Artillery. 

IV.  Officers  so  appointed  shall  be  selected  on  account  of  fitness  for 
ordnance  duties,  and  shall  be  considered  as  attached  to  the  Ordnance 
Bureau,  and  will  not  be  changed,  except  by  authority  obtained  from 
the  Head  Quarters  of  the  Army,  through  the  Chief  of  the  Bureau  of 
Ordnance. 

V.  Every  commanding  officer  of  a  Regiment  will  select  from  the 
non-commissioned  officers  of  the  Regiment  the  one  best  qualified  for 
the  duty  of  Ordnance  Sergeant,  and  will  appoint  him  Acting  Ordnance 
Sergeant,  Such  non-commissioned  officer  will  have  charge  of  all  the 
surplus  Ordnance  Stores  of  the  Regiment,  and  will  make  returns  of  the 
same  to  the  Ordnance  Bureau.  The  arms  and  accoutrements  of  the 
sick  and  disabled  of  the  Regiment  will  be  turned  over  to  and  be  ac- 
countad  for  by  him.  He  will  exercise  supervision  over  the  arms  and 
ammunition  in  the  hands  of  the  men,  and  report  any  waste  or  damage 
to  the  Division  Ordnance  officer,  through  the  Colonel  of  the  Regiment. 
All  such  appointments  will  be  reported  through  the  General  Head 
Quarters,  to  the  Chief  of  the  Ordnance  Bureau. 

VI.  The  "Chief  of  Ordnance"  of  an  Army,  will  require  reports 
monthly,  or  oftencr,  from  "  Division  Ordnance  Officers,"  and  will  be 
responsible  for  the  supply  of  Ordnance  and  Ordnance  Stores  with  the 
Army  to  which  he  is  attached. 

VII.  The  Division  Ordnance  Officers  will  make  reports  monthly,  or 
oftener,  if  required,  to  the  "Chief  of  Ordnance"  of  the   Army   to 

3 


34 

■which  the  division  belongs.  They  will  be  responsible  for  all  Ordnance 
Stores  -with  the  division — not  in  the  hands  of  the  troops — and  make 
returns  thereof  to  the  Bureau  of  Ordnance. 

VIII.  Chiefs  of  Ordnance  of  Armies  and  all  Ordnance  Officers  in 
the  field  are  attached  to  the  staffs  of  their  respective  commands,  but 
■will  nevertheless  conform  to  such  orders  and  instructions  received 
from  the  Chief  of  the  Bureau  of  Ordnance  in  relation  to  the  execu- 
tion of  their  appropriate  duties  as  do  not  interfere  ■with  the  orders  of 
the  commanding  officers  in  the  field. 

IX.  It  is  especially  enjoined  on  all  Officers  of  Ordnance  to  prevent 
■waste  of  small  arms  and  field  ammunition  in  the  hands  of  troops,  and 
to  cause  unserviceable  ammunition  to  be  sent  off  to  the  nearest  Ord- 
nance Depot.  Arms,  accoutrements  and  equipments  ■SN'hich  cannot  be 
repaired  in  the  field,  -will  in  like  manner  be  for"warded  for  immediate 
repairs. 

X.  Ordnance  Officers  serving  on  the  staff  of  Generals  commanding, 
■will  not  enter  into  contracts  for,  or  purchase  Ordnance  Supplies,  ex- 
cept in  case  of  necessity,  on  the  authority  of  the  General;  -which 
must  be  attached  to  the  contract,  or  account  for  such  purchase.     The 

(exigency  requiring  the  contract  or  purchase,  vrill  also  be  stated  therein. 
By  command  of  the  Secretary  of  War. 

S.  COOPER, 
Adjutant  and  Inspector  General. 


WAR  DEPARTMENT, 

Adjutant  and  Inspector  General's  Office, 
Richmond,  July  1^  1862. 

'GENERAL  ORDERS, 
No.  46. 

I.  The  following  Regulations  arc  published  for  the  information  of 
the  Army : 

1.  Paragraph  III,  General  Orders  No.  24,  current  series,  is  so 
modified  as  to  pei-mit  the  appointment  of  Brigade  Ordnance  Officers, 
■who  shall  have  the  rank  and  pay  of  First  Lieutenants  of  Artillery, 

2.  Brigade  Ordnance  Officers  so  appointed  will  be  subject  to  the  Di- 
vision Ordnance  Officers,  so  far  as  relates  to  ordnance  duties,  and  will 
make  requisitions  on  them.  They  will  also  make  such  reports  as  may 
be  required,  to  the  Division  Ordnance  Officers. 

3.  Ordnance  Sergeants  of  Regiments  will  be  subject  to,  and  make 
reports  to  the  Brigade  Ordnance  Officers. 

4.  Since  the  Act  of  April  19,  1862,  providing  an  Ordnance  Sergeant 
to  each  Regiment,  the  acting  appointees,  authorized  under  General 
Orders  No.  24,  current  series,  and  made  by  Colonels  of  Regiments, 
will  be  reported  for  appointment  under  the  above  act,  in  cases  where 
such  report  has  not  been  made  to  the  Ordnance  Bureau.  Hereafter 
the  appointments  will  be  made  to  Regiments  as  to  Military  Posts,  by 
the  Secretary  of  War,  and  upon  the  recommendation  of  Colonels  of 
Regiments,  through  the  Ordnance  Bureau,  the  non-commissioned  offi- 
cers recommended  being  at  once  placed  upon  duty  in  anticipation  of 
the  appointment. 

II.  Paragraph  IV,  Generals  Orders  No.  44,  current  series,  is  hereby 
rescinded,  and  the  following  paragraph  is  substituted  in  lieu  thereof: 

Persons  under  18  and  over  35  years  of  age,  who  have  re-enlisted 
for  three  years  or  the  war,  are  not  entitled  to  their  discharge  under 
the  Conscript  Act.  Persons  of  the  ages  above  mentioned,  who  en- 
listed for  twelve  months,  or  for  a  shorter  term,  will  be  entitled  to  their 
discharge  ninety  days  after  the  expiration  of  their  term  of  service. 

III.  All  Chaplains  taken  prisoners  of  war  by  the  Armies  of  the 
Confederate  States,  while  engaged  in  the  discharge  of  their  proper 
duties,  will  be  immediately  and  unconditionally  released. 

By  command  of  the  Secretary  of  War. 

S.  COOPER, 
Adjutant  and  Inspector  General. 


WAR  DEPARTMENT, 
Adjutant  and  Inspector  General's  Office, 
Richmond,  May  31,  1862. 


GENERAL  ORDERS, 

No.  41. 


I.  General  officers  and  officers  in  command  of  departments,  districts 
and  separate  posts,  will  make  a  detail  of  men  from  their  commands  to 
work  the  Nitre  Caves,  which  may  be  situated  within  the  limits  of  their 
respective  commands.  These  details  will  be  made  on  the  requisition 
of  the  officer  in  charge  of  the  Nitre  Bureau  in  the  War  Department. 
The  men  thus  detailed  will  be  organized  temporarily  under  the  com- 
mand of  the  Nitre  officer  in  charge  of  the  particular  cave,  who  will 
make  monthly  reports  to  the  general  or  other  officer  commanding  the 
department,  district  or  post  in  which  the  cave  may  be  located,  in  order 
that  such  commanding  officer  may  treat  as  deserters  such  of  the  detailed 
men  as  may  leave  the  works  without  permission.  And  it  is  enjoined 
upon  Generals  and  other  commanding  officers  to  give  protection,  as 
far  as  possible,  and  to  the  extent  of  their  means,  against  any  encroach- 
ments of  the  enemy  upon  the  Nitre  Caves  within  the  limits  of  their 
commands. 

II.  All  persons  in  the  employment  of  the  Nitre  Bureau,  whether 
contractors  for  manufacturing  saltpetre,  or  laborers  in  their  employ- 
ment, are  exempt  by  law  from  enrollment. 

III.  Officers  of  the  Quartermaster  and  Commissary  Departments  will 
furnish  the  officers  and  men  of  the  Nitre  Bureau  with  provision  and 
forage  as  in  the  case  of  ordnance  officers  and  men  in  the  field. 

IV.  Officers  of  the  Nitre  Bureau  are  authorized  to  impress  free 
negroes  for  the  purpose  of  working  the  Nitre  Caves,  who  will  be  paid 
wages  and  be  furnished  with  subsistence. 

V.  Paragraph  No.  161,  General  Regulations  of  the  Army,  relating 
to  Discharges  in  Hospital,  is  so  far  modified  as  to  dispense  with  the 
necessity  of  sending  certificates  of  disability  in  the  case  of  soldiers 
sick  in  the  hospitals  in  Richmond,  to  the  commandants  of  regiments, 
where  communication  with  them  is  difficult  and  the  cases  urgent.  In 
all  such  cases,  the  certificates  will  be  sent  to  Brigadier-General  John 
H.  Winder,  commanding  the  Department  of  Henrico,  who  will  grant 
the  Discharge,  and  notify  the  same  to  the  Regimental  Commander, 
who  will  cause  the  final  statements  in  each  case  of  discharge  to  be  made 
out  and  sent  to  the  officer  granting  the  discharge,  for  the  benefit  of 
the  discharged  soldier. 

VI.  The  following  is  published  for  the  information  of  all  concerned : 
The  act  No.  52,   approved  March   6,  1861,   section    19,  provides, 

'*  that  there  shall  be  allowed,  in  addition  to  the  pay  herein  before  pro- 
vided, to  every  commissioned  officer,  except  the  Surgeon  General,  nine 


87 

dollars  per  month  for  every  jBve  years'  service ;  and  to  the  oflScers  of 
the  army  of  the  United  States,  who  have  resigned,  or  may  resign,  to 
be  received  into  the  service  of  the  Confederate  States,  this  additional 
pay  shall  he  allowed  from  the  date  of  their  entrance  into  the  former 
service." 

The  foregoing  act  applies  to  all  officers  of  the  United  States  army, 
who  have  resigned  from  that  army,  to  be   received  into   the  service  of 
the  Confederate  States,  whether  in  the  regular  or  provisional  army. 
By  command  of  the  Secretary  of  War. 

S.  COOPER, 
JLdjutanl  and  Inspector  General, 


WAR  DEPARTMENT, 
Adjutant  and  IiNspector  General's  Officev 
Richmond,  May  29,' 1862. 

GENERAL  ORDERS, 

No.  40. 

I.  The  following  Act  of  Congress  and  Regulations  in  reference 
thereto,  are  published  for  the  information  of  the  Army,  viz : 

An  Act  to  organize  a  Signal  Corps. 

Sec.  1.  The  Congress  of  the  Co7ifederate  States  of  America  do  enact. 
That  the  President  be  and  is  hereby  authorized,  by  and  ■with  the  ad- 
vice and  consent  of  the  Senate,  to  appoint  ten  officers  in  the  Provi- 
sional Army,  of  a  grade  not  exceeding  that  of  Captains,  and  with  the 
pay  of  corresponding  grades  of  infantry,  who  shall  perform  the  duties 
of  signal  officers  of  the  army.  And  the  President  is  hereby  author- 
ized to  appoint  ten  Sergeants  of  Infantry  in  the  Provisional  Army, 
and  to  assign  them  to  duty  as  Signal  Sergeants.  The  signal  corps 
above  authorized  may  be  organized  as  a  separate  corps,  or  may  be  at- 
tached to  the  department  of  the  Adjutant  and  Inspector  General,  or 
to  the  Engineer  Corps,  as  the  Secretary  of  War  shall  direct. 

[Approved  April  19,  1862.] 

II.  The  Signal  Corps  authorized  by  this  act  wull  be  attached  to  the 
Adjutant  and  Inspector  General's  department;  and  officers  of  that  de- 
partment may  be  instructed  in  and  assigned  to  signal  duty. 

III.  A  signal  officer  will  be  attached  to  the  staff  of  each  General 
or  Major  General  in  command  of  a  corps,  and  of  each  Major  General 
in  command  of  a  division.  These  signal  officers  will  each  be  assisted 
by  as  many  Signal  Sergeants,  and  instructed  non-commissioned  officers 
and  privates,  selected  from  the  ranks  for  their  intelligence  and  relia- 
bility, as  circumstances  may  require  ;  and  as  many  Lance  Sergeants 
as  are  required  may  be  appointed.  Such  non-commissioned  officers 
and  privates  may  be  detailed  for  tliis  duty  by  the  Generals  in  whose 
command  they  are  serving.  Before  being  instructed,  they  will  each 
be  required  by  the  signal  officer  to  take  an  oath  not  to  divulge,  directly 
Qr  indirectly,  the  system  of  signals,  the  alphabet,  or  any  official  mes- 
sage sent  or  received  thereby.  Non-commissioned  officers,  while  on 
signal  duty,  and  privates  on  this  duty,  will  receive  40  cents  per  day 
extra  pay. 

IV.  Commissioned  officers  of  the  Signal  Corps,  or  officers  serving 
on  signal  duty,  will  be  entitled  to  the  forage  and  allowance  of  officers 
of  similar  rank  in  the  cavalry.     Non-commissioned  officers  and  pri- 


39 

vates  on  signal  duty  -will  be  mounted  by  the  Quartermaster,  on  the 
order  of  the  Commanding  General. 

V.  Requisitions  for  flags,  torches,  glasses,  and  all  the  material  re- 
quired, will  be  made  on  the  Quartermaster's  department,  or  they  may 
be  purchased  by  the  Quartermaster  of  any  division,  on  the  order  of 
the  Major  General  commanding. 

VI.  On  the  order  of  the  General  commanding  a  corps,  other  officers, 
non-commissioned  officers  or  privates  than  those  regularly  on  signal 
duty,  may  be  instructed  in  the  system  of  signals,  after  having  taken 
the  oath  prescribed  above.  Wherever  it  is  practicable,  it  is  specially 
recommended  ^o  all  general  officers  to  have  their  Assistant  Adjutant 
Generals  and  Aid  de  Camps  instructed. 

VII.  Whatever  is  prescribed  herein  for  a  division,  or  for  a  Major 
General,  will  be  observed  in  the  case  of  each  brigade  which  constitutes 
a  separate  command. 

VIII.  All  officers  and  non-commissioned  officers  accepting  appoint- 
ments to  the  Signal  Corps,  will  forward  with  their  acceptances  the 
oath  prescribed  above,  sworn  to  before  a  magistrate,  notary  public,  or 
commissioned  officer  of  the  corps. 

IX.  Quarterly  returns  of  signal  property  will  be  made  by  all  of- 
ficers having  it  in  charge,  to  the  Quartermaster's  department,  and  the 
senior  signal  officer  of  each  separate  army  in  the  field  will  report 
quarterly^to  the  Adjutant  and  Inspector  General  the  number  and  or- 
ganization of  the  Signal  Corps  of  the  Army,  and  its  general  opera- 
tions during  the  previous  quarter. 

X.  It  will  be  the  duty  of  the  signal  officer  of  every  division  in  the 
field  to  instruct  the  Adjutant  of  each  regiment  in  the  division  in  the 
system  of  signals  in  use  in  the  army. 

By  command  of  the  Secretary  of  War. 

S.  COOPER, 
Adjutant  and  Inspector  General. 


pH8.5 


